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Due Process of Lawmaking
Susan Rose-Ackerman
Stefanie Egidy
James Fowkes
出版
Cambridge University Press
, 2015-01-22
主題
Law / General
Law / Comparative
Law / Constitutional
Political Science / Comparative Politics
ISBN
1107043670
9781107043671
URL
http://books.google.com.hk/books?id=-_9DBgAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
With nuanced perspective and detailed case studies, Due Process of Lawmaking explores the law of lawmaking in the United States, South Africa, Germany, and the European Union. This comparative work deals broadly with public policymaking in the legislative and executive branches. It frames the inquiry through three principles of legitimacy: democracy, rights, and competence. Drawing on the insights of positive political economy, the authors explicate the ways in which courts uphold these principles in the different systems. Judicial review in the American presidential system suggests lessons for the parliamentary systems in Germany and South Africa, while the experience of parliamentary government yields potential insights into the reform of the American law of lawmaking. Taken together, the national experiences shed light on the special case of the EU. In dialogue with each other, the case studies demonstrate the interplay between constitutional principles and political imperatives under a range of different conditions.